Owen v. Mann
Supreme Court of Connecticut
In the Court below, .rrv JL HIS was an action of ejectment. On trial to the jury, under the general issue, the defendant claimed title to the land in question by virtue of a convey-anee from the plaintiff to Jamah Barber, and from Barber to the defendant. The latter conveyance containing a covenanted warranty. Barber had teen vouch ed in to defend. The plaintiff claimed, that his conveyance to Barber was void, on the ground of his own insanity at the time of executing it.
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In the Court below, .rrv JL HIS was an action of ejectment. On trial to the jury, under the general issue, the defendant claimed title to the land in question by virtue of a convey-anee from the plaintiff to Jamah Barber, and from Barber to the defendant. The latter conveyance containing a covenanted warranty. Barber had teen vouch ed in to defend. The plaintiff claimed, that his conveyance to Barber was void, on the ground of his own insanity at the time of executing it. To prove his insanity, he offered in evidence the confessions of the defendant, made before his deed from jBarber, and…
1Opinion of the Court
By the Court.
An action of ejectment was brought by Omen against Mann ; and the controversy between them solely regarded the title to the estate demanded. The defendant claimed to hold under a deed with warranty from one Barber, to whom he had given his note for the purchase money. The note was assigned by Barber to one Jones ; and after the commencement of the ejectment, the latter applied to the defendant for payment. This the defendant refused, until a final trial of the action should ascertain,, •whether the money was equitably due. Eventually, however, he made payment of the note on this…
2Cited by3 opinions
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- Barker v. GreenSupreme Court of Connecticut · 1838